Process

Process

File Complaint: A Compliant may be filed by provided a downloaded copy of the form to the Title IX Coordinator by US MAIL, Email, or hand delivery; or, if they prefer, by completing the online version, which will be automatically emailed to the Title IX Coordinator listed herein.

Upon Receipt, the Title IX Coordinator shall

Follow the grievance process prescribed in the Final Title IX Rule.
Handle formal complaints of sexual harassment, equally to/for both parties.
Ensure the complainant maintains “supportive measures” as individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.
Contact and meet with the complainant within 10 days of the complaint.
Determine if the complainant desires to file a formal complaint.
Provide the Complaint to the Investigator in the event a formal complaint is filed.
Ensure the remedies possible for the complainant such as; disciplinary sanctions that may include schedule changes, suspension, expulsion, or other appropriate resolution, depending on the circumstances.
Provide the formal complaint to the Investigator.

Investigation:

When a Title IX complaint is formalized and investigated, the Title IX Investigator will be objective evaluation of all relevant evidence, inculpatory and exculpatory, and avoid credibility determinations based on a person’s status as a complainant, respondent, or witness. The Investigator will seek remedies, which are required to be provided to a complainant when a respondent is found responsible, that are designed to maintain the complainant’s equal access to education and may include the same individualized services described in the PDF as supportive measures; however, remedies are not required to be “non-disciplinary”, “non-punitive”, and do not have to avoid “burdening” the respondent.

The Investigator will:

Investigate all allegation born of a formal complaint
Bear the burden of gathering evidence for the school’s responsibility of proof
Provide all parties equal opportunity to present fact, to include witnesses and evidence
Not restrict the parties to discuss allegation or gather evidence
Allow the parties to have an advisor (who may be an attorney) of their choice
Send written notes of investigations, interviews, meeting, or hearings
Send parties and advisors evidence, directly relating to the complaint, either by electronic or hard copy format, providing at least 10 days for their review and response
Send parties and advisors a summative report of relevant evidence either by electronic or hard copy format, providing at least 10 days for their review and response
Dismiss allegations of conduct that do not meet the Final Rule’s definition of sexual harassment, or that did not occur in a school educational program or school activity, for the purposes of Title IX
With discretion, dismiss a formal complaint or allegation is the complainant informs the Title IX coordinator – in writing- that s/they wish to withdraw the complaint, if the respondent is no longer enrolled at the school, or employed by the school, or if specific circumstances prevent the school from gathering sufficient evidence to reach a determination
Provide written notice of any dismissal and reasons for the same
Consolidate formal complaints wherein allegations arise from the same facts
Gather medical, psychological, or similar treatment records if given voluntary written consent by the party to do so, and protect the same with confidentiality outside of the necessity of the procedure.

Hearing:

A Decision Maker shall be designated to review the complaint and investigation results. Post-Secondary institutions must provide a “live hearing with cross-examination”.

At such a hearing, the Decision Maker will:

Allow each party to bring an advisor of their choice. The Advisors shall be allowed to ask the parties and witnesses relevant questions and follow-up questions – including those that challenge credibility
Facilitate, if requested by either party, the live-hearing in separate locations, but allow the parties to see and hear each other by the use of appropriate technology
Determine the relevancy of questions and cross-examination, or other questions by the parties or advisors, to determine the relevancy to the complaint. The Decision Maker may exclude irrelevant questions
Provide (at no cost to the party) an advisor of the school’s choice (not required, but may be, an attorney) to conduct cross-examination on behalf of the party
Not rely on, but not dismiss the statement of any witness who does not submit to the live-hearing examination
Not infer a determination based on the non-submission of a witness
Conduct the live-hearing with all parties physically present in the same geographical location, or at the school’s discretion, appearing at the live-hearing virtually, where all parties may see and hear the other(s)
Create an audio-visual recording, or transcript, of any live-hearing
Employ the “Rape Shield” protection for complainants, deeming irrelevant questions and evidence about a complainant’s prior sexual behavior unless offered to prove that someone other than the respondent committed the alleged misconduct or offered to prove consent
Determine the Preponderance of the Evidence and simultaneously issue a written determination which sets forth:
Responsibility, with a finding of fact,
Conclusions of whether the alleged conduct occurred
Rationale for the result as to each allegation
Disciplinary sanctions imposed on the respondent
Any remedies determined to be provided to the complainant
Provide the manner by which an appeal may be filed

Appeals:

The school must offer both parties an appeal from a determination regarding responsibility, and from a school’s dismissal of a formal complaint or any allegations therein, on the following bases:

Procedural irregularity that affected the outcome of the matter,
Newly discovered evidence that could affect the outcome of the matter, and/or
Realization that a Title IX personnel had a conflict of interest or bias, that affected the outcome of the matter.
Other additional bases.

Resolution Options

The school may offer an Informal Resolution option, such as mediation or restorative justice, as long as both parties provide voluntary, informed, written consent to attempt such an Informal Resolution.

A school may not require, as a condition of enrollment, or continuing enrollment, or employment, or continuing employment, or the enjoyment of any other right, the waiver of a formal investigation and adjudications of a formal sexual harassment complaint.

A school may not require the parties to participate in an informal resolution process and may not offer the same until a formal complaint has been filed.

At any time prior to reaching an informal agreement, either party may withdraw and resume the grievance process toward a formal complaint and resolution.

School must not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

Prohibited Retaliation:

Retaliation means an adverse (negative) action taken against a person for making a good faith report of Prohibited Conduct, being alleged to have committed Prohibited Conduct, participating, or refusing to participate, in any proceeding under this Policy.

Retaliation may include intimidation, threats, coercion, harassment, or discrimination (including charging a Respondent under a different university policy instead of this Policy for the purpose of interfering with any right or privileged secured by Title IX or its implementing regulations).
Retaliation may also include adverse employment or educational actions that would discourage a Reasonable Person from engaging in a Protected Activity protected under this Policy.

A finding of retaliation under this Policy is not dependent on a finding that the underlying sexual misconduct occurred.

For more information about Title IX of the Education Amendments of 1972, 20 U.S.C. ï½§1681 et seq., please see the US Dept. of Justice page for the complete rules and regulations.